The bill amends Section 61.006 of the Election Code to redefine the criminal offense of unlawfully publishing a vote. It introduces new definitions, including "effective consent," which specifies the conditions under which consent is not valid, such as when it is induced by force or given by someone not legally authorized to act for the voter. The term "publish" is also defined to encompass various forms of communication, including oral, written, and electronic means. The bill clarifies that a person commits an offense if they knowingly publish how a voter has voted without the voter's effective consent, and it establishes that such an offense is classified as a felony of the third degree.
Additionally, the bill provides exceptions to prosecution for publishing a voter's voting information during official investigations or in administrative, executive, legislative, or judicial proceedings where the information is relevant. The changes in law will apply only to offenses committed on or after the effective date of the Act, which is set for September 1, 2025. Offenses committed prior to this date will be governed by the law in effect at that time.
Statutes affected: Introduced: Election Code 61.006 (Election Code 61)